Anti-transgender activists in Colorado are trying to resuscitate ballot initiatives targeting trans people, specifically trans youth who participate in sports. At a Colorado Title Board hearing yesterday, a slew of proposals from conservative activists were proposed, including one spearheaded by the head of a local chapter of an anti-trans hate group, Gays Against Groomers (GAG).
Rich Guggenheim, who leads the Colorado chapter of GAG, and longtime Republican strategist Michele Austin put forward an initiative that seeks restrictions on school sports. Austin owns Red Map Strategies. The initiative is also being represented by attorney Scott Gessler, former Colorado Secretary of State.
Numerous anti-trans groups have been popping up in Colorado, especially over the last couple of years, as conservatives and Christian nationalists have openly tried to use transgender identities as a “wedge issue” to win over voters. One of those groups, Protect Kids Colorado, announced earlier this year that it was planning to resubmit initiatives to try and get anti-transgender measures on the ballot in 2026.
The language of the proposed ballot initiative was settled in the title hearing, officially being referred to as “#70 Male and Female Participation in School Sports”. The initiative states that the differences between males and females are “immutable” and “manifest prior to birth”. The initiative goes on to define biological sex as being determined by an individual’s reproductive system.
The measure has no provisions for intersex people, or those who are born with sex characteristics that do not fit the typical gender binary associated with male and female bodies. It is estimated that intersex people account for 1.7% of the total population.
Additionally, the initiative is unclear as to how it treats women who are born infertile.
During the Title Board hearing, the clerk attempted to have the organizers clarify these definitions and how institutions would go about determining these characteristics in a manner that is non-invasive. Both Guggenheim and Austin declined to offer further elaboration on either matter, instead insisting that the measure must use the term “participant” as opposed to “student.”
Especially as Republican state legislators failed to gain any traction on rolling back protections for transgender people, activists like Guggenheim have been trying to circumvent the legislature as a means of passing their agenda.
Guggenheim unsuccessfully lobbied in favor of HB25-1068, which would have tried to make it harder for medical care providers who cover gender-affirming care for minors to gain malpractice insurance, in February.
LGBTQ+ advocacy groups have vowed to defend trans rights in Colorado, even as conservative activist groups continue to push for further restrictions.
“We believe that trans people and trans youth have the right to freedom and pursuit of happiness,” said Cal Solverson, a spokesperson for One Colorado, an LGBTQ+ advocacy group. “We are keeping an eye on these types of initiatives to see when and if they materialize so that we are prepared to fight them and protect the rights of Coloradans.”
One Colorado sent out an official statement on trans students participating in sports earlier in the month.
“We believe in a Colorado where everyone, regardless of sex or gender, can access education and participate in extracurricular activities,” the organization stated. “Unfortunately, some school leaders in our state are working to exclude transgender students from school sports. This approach goes against Colorado’s deeply held values of fairness, inclusion, and individual freedom.”
One Colorado’s statement concluded with broad support for trans youth and trans athletes: “Transgender athletes deserve the same chance as anyone else to join a team and benefit from the physical, emotional, and social growth that comes from sports. Blocking trans students from playing on teams that reflect their gender identity is not only discriminatory, it reinforces damaging stereotypes and deepens the isolation of a group that already faces significant challenges. Trans athletes are not a threat to sports; they are an essential part of them.”
